Maison Law represents out-of-state families who have lost a loved one in California. If you’ve suffered the untimely loss of a loved one, then the Wrongful Death Attorneys at Maison Law can file a lawsuit on your behalf to get you the compensation you need to get your life back in order after suffering a tragic loss. Contact Maison Law today for a free consultation and case evaluation.
Does Living Out of State Impact a Wrongful Death Claim in California?
No, living out of state does not prevent you from filing a wrongful death claim in California, as long as your loved one’s death occurred within California. It does not matter where you and your surviving family live. It is important to know, California follows a “one-action rule” for wrongful death claims. This rule states that all eligible family members must participate in the same wrongful death lawsuit, regardless of where they reside. This rule prevents each family member from attempting to sue the liable party multiple times.
What Goes Into a Wrongful Death Lawsuit?
Wrongful death lawsuits in California allow the surviving family members or the estate to sue for damages when a person dies as a result of another’s wrongful act, regardless of whether the act was intentional or not. This is covered in the California Code of Civil Procedure 377.60.
A successful settlement or verdict for a wrongful death lawsuit will cover damages for:
- Burial and funeral expenses for your loved one
- Amounts the deceased would have earned as income
- Pain and suffering the decedent had to endure before their passing
- Loss of consortium
A wrongful death lawsuit is usually coupled with a survival action claim. Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs. Survival action also includes punitive damages if the death was caused by extreme recklessness or malice. This is covered under the California Code of Civil Procedure 377.30.
Are Damages Different Between Wrongful Death & Survival Action?
Yes, there are a few key differences between wrongful death and survival action damages. Damages for wrongful death claims can typically only be filed by the surviving spouse, children of the deceased, parents of the deceased, or any other person permitted by law. Survival action damages are typically brought forth by the executor of the deceased person’s estate. An executor of an estate is an individual appointed to administer the law will of a deceased person and carry out instructions to manage the affairs. Executors ensure all assets in the will are accounted for and transfer these assist to the correct beneficiary.
The types of damages that can be claimed in a wrongful death claim include:
- Loss of household services once provided by the deceased
- Loss of consortium damages for a spouse or domestic partner
- Loss of guidance, care, nurturing, and affection provided by the deceased
- Loss of financial support provided by the deceased
- Loss of inheritance caused by the wrongful death
A survival action will provide compensation for matters directly related to the injuries sustained by the deceased up until the time of their death. These include:
- Medical expenses
- Pain and suffering the decedent suffered
- Lost wages between the period they were injured and the time of their death
What is the Statute of Limitations for Filing a Wrongful Death Claim in California if You Live Out of State?
No matter where you live in the United States, eligible survivors have two years from the time they lost their loved one to file a wrongful death suit. However, there are exceptions to this statute if you’ve waited more than two years to file. Medical malpractice is an exception, giving eligible survivors three years from the date they discovered their loved one’s death was a result of medical malpractice.
The “discovery rule” is another exception used when the survivors could not have reasonably known their loved one had died. This rule allows a two-year statute to begin from the date the family members became aware of the decedent’s death.
Factors That Influence a Wrongful Death Settlement in California
A wrongful death settlement is the most effective recourse to pursuing justice for the remaining family members after a fatal accident. The value of your settlement ultimately depends on the following factors:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation. When multiple parties are at fault it is considered comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives.
In addition to these factors are the damages you and your family have had to endure, such as medical bills before the loss of a loved one, pain and suffering, and loss of the deceased’s income.
Are Wrongful Death Settlements Taxable in California if You Live Out of State?
Wrongful death settlements are tax-free because of regulations enacted by the IRS. The IRS views your reward as compensation you’ve been given to be made “whole” after suffering an untimely loss, so there is no tax on any settlement reward across the United States. However, there are a few exceptions to these regulations.
If you’re rewarded punitive damages, that portion of your recovery can be taxed. Punitive damages are rewarded to victims who were harmed intentionally or due to an extreme case of recklessness. It is important to note that punitive damages are not rewarded in a wrongful death lawsuit, but can only be claimed under a survival action lawsuit.
Contact a Wrongful Death Lawyer in California
If you’ve lost a loved one due to the careless acts of another, a hazardous condition, or a vehicular accident, the Wrongful Death Attorneys at Maison Law are here to help you through this difficult time. We understand that no amount of money can replace the loss of a loved one, but there are legal procedures put in place to ease the financial burden of an untimely death, regardless of where you reside in the United States. For any questions or concerns, contact Maison Law today. There are no upfront charges or hidden costs for our services, and you will not be charged a dime until we’ve won your case for you.
